HomeMy WebLinkAbout2012-002SWDDSOLID WASTE DISPOSAL DISTRICT
RESOLUTION NO. 2012-002
15. 13. 1.
A RESOLUTION OF THE SOLID WASTE DISPOSAL DISTRICT OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF THE
POLICIES AND PROCEDURES ATTACHED TO THE DISTRICT'S
RATE RESOLUTION, WITH RESPECT TO VACANCY CREDITS
WHEREAS, on June 9, 1995, the Indian River County Board of County Commissioners,
acting as the governing board of the Solid Waste Disposal District, adopted Resolution No. 95-
01 which, inter alia, adopted certain solid waste disposal rates and fees, and certain policies and
procedures attached to the resolution; and
WHEREAS, the aforesaid rate resolution, including the policies and procedures, have
been amended from time to time since 1995 (the policies and procedures, as amended, are
referred to herein as the "Policies and Procedures"); and
WHEREAS, in Section III of the Policies and Procedures, allowance is made for a
vacancy credit to be applied to commercial properties which are vacant for a period of greater
than 180 consecutive days in the year immediately pnor to the year in which the credit is applied
( `Vacancy Credit'); and
WHEREAS, the Board desires to amend Section III of the Policies and Procedures
relating to the Vacancy Credit, to provide clarification as set forth herein,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Indian River County, acting m its capacity as the\governing board of the Solid Waste Disposal
Distnct, that
1. The above "whereas" clauses ate true and correct, and are adopted as the findings
of the Board
2. The fifth paragraph of Section III of the Policy and Procedures attached to
Resolution No. 95-01 is hereby deleted in its entirety, and replaced with the following:
"A vacancy credit may be applied to commercial properties based upon the vacancy
status of the property during the calendar year (January 1 through December 31)
immediately preceding the year in which the credit is available. Specifically, if a
property meets the vacancy credit criteria (defined below) during the period
January 1 through December 31 of a year, the credit is available to be applied only
in the next succeeding year. To receive the vacancy credit, the property owner (or
authorized agent) must file with SWDD, no later than April 15 of the next
succeeding year, a completed and notarized SWDD application form, together with
supporting information, establishing to the satisfaction of SWDD that the vacancy
credit criteria have been met with respect to the immediately preceding year.
SOLID WASTE DISPOSAL DISTRICT
RESOLUTION NO. 2012— 002
Supporting information may include lease agreements, water/sewer bills, electric
bills, telephone bills, etc, and such other information requested by SWDD.
Applications filed after April 15 of the next succeeding year shall not be processed
and shall not be considered for the credit.
The vacancy credit criteria for an individual business located on a single property is
that the business must be vacant for six or more consecutive months between
January 1 and December 31 of the immediately preceding year. The vacancy credit
criteria for multiple businesses located on a single property is that at least 50% of
the businesses (based upon the total square footage of all businesses located on the
property) must be vacant on an annual basis during the twelve month period
between January 1 and December 31 of the immediately preceding year. The
amount of the vacancy credit for a property which meets the vacancy credit criteria
shall be equal to the annual disposal charge or assessment for the property, minus
the annual readiness -to -use fee, using such amounts for the immediately preceding
year (a) in the case of an individual business located on a single property, multiplied
by the percentage of months that the property met the vacancy criteria (e.g., nine
months equals 75%), and (b) in the case of multiple businesses located on a single
property, multiplied by the percentage of businesses (based upon the total square
footage of all businesses located on the property) which were vacant on an annual
basis during the twelve month period (e g., 7,500 square feet of businesses vacant
during the twelve month period in a 10,000 square foot plaza equals 75%).
Notwithstanding the above, a business shall not be considered "vacant" for purposes
of the vacancy credit criteria if it is closed for business with the public, but continues
to generate waste for disposal (e.g., reconstruction, renovations, etc)."
3. The effective date of this resolution shall be January 1, 2013. Specifically, this
resolution shall apply to vacancy credits applied in 2013 and subsequent years.
The foregoing resolution was moved for adoption by Commissioner Solari
and the motion was seconded by Commissioner Davis and, upon being put to a vote,
the vote was, as follows:
Chairman Joseph E Flescher Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Peter D O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Tim Zorc Aye
2
SOLID WASTE DISPOSAL DISTRICT
RESOLUTION NO. 2012-002
The Chairman thereupon declared the resolution duly passed and adopted this 18`h day of
December, 2012.
ATTEST: Jeffrey R. Smith,
Clerk of Court
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONED"coMMi;6
OF INDIAN RIVER COUNTY, FLORISt.•••; • ••E
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Approved as to form and legal sufficiency.
By:
Alan$i Polackwich, Sr., County Attorney
12/6/2012
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
1801 27T11 STREET, VERO BEACH, FLORIDA 3296(1-3365
VACANCY CREDIT
VERIFICATION CHECKLIST
Please submit the following information along with your signed and notarized request for
Vacancy Credit:
1. Rent Roll
a. unit leased to tenant
b. square footage of unit leased to tenant
c. name of tenant
d. lease Agreement
i. Start date and expiration date of lease.
ii. Amount of rent paid by tenant for unit.
in. Pass through amount paid by tenant for common area
2. Start Date Utilities (for each tenant)
a. electric.
b. water
c. telephone
End Date Utilities (for each tenant)
a electric
b. water
c. telephone
Vacancy Credit may be applied to commercial properties based upon the vacancy status of
the property for a period of one year January 1 - December 31 prior to the tax year the
annual assessment becomes due. Vacancy Credit may not be applied to prior year
assessments. Credit will be applied only upon the property owner p► aviding substantial
verification that moi c than 59b/0 of the property was vac int for a period greater than 180
consecutive taus within the period for which credit is allowed.
WARNING THE MAKING OF A FALSE STATEMENT UNDER OATH MAY
CONSTITUTE PERJURY, PUNISHABLE IN ACCORDANCE WITH CHAPTER 837,
FLORIDA STATUTES ALSO, THE MAICING OF A FALSE STATEMENT WITH THE
INTENT TO MISLEAD A PUBLIC SERVANT IN THE PERFORMANCE OF HIS OR
HER OFFICIAL DUTY MAY BE PUNISHABLE IN ACCORDANCE WITH SECTION
837.06, FLORIDA STATUTES.
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F:\SWDD\VACANCY CREDIT12013 VACANCY CREDIT REQUEST FORM dnR #6 of 6.doc
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
1801 2710 STREET, VERO BEACH, FLORIDA 32960-3365
12/6/2012
2013 VACANCY CREDIT REQUEST
vacancy: more than 180 consecutive days between January 1, 2012 - December 31, 2012
Vacancy Credit Request filing deadline is April 15, 2013
Please attach Vacancy Credit verification to this request.
Type or print all information clearly
DATE
PARCEL IDENTIFICATION NUMBER:
IMP
PARCEL OWNER NAME
MAILING ADDRESS
TELEPHONE NUMBER
E-MAIL ADDRESS
FAX NUMBER
AGENT NAME
MAILING ADDRESS
TELEPHONE NUMBER
E-MAIL ADDRESS
FAX NUMBER
B USINESS NAME
B USINESS ADDRESS
SP
•
PARCEL OWNER (or Agent) SIGNATURE
STATE OF
COUNTY OF . The foregoing instrument was acknowledged before me this day of
, before me, by
(month) (year) (parcel owner)
Peisonally Known :. or Produced Identification ._.
Type of Identification Produced:
(Notary signature)
(Print Name of Notary)
NOTARY PUBLIC, State of
My Commtsston expires:
1 of
F.\SWVDDIVACANCY CREDIT12013 VACANCY CREDIT REQUEST FORM draft #6 of 6.doc
(scat)
12/6/2012
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ti�iii
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
1891 27" STREET, VERO BEACH, FLORIDA 32960-3365
VACANCY CREDIT
AGENT AUTHORIZATION
Type or print all information clearly
1, ,
(NAME OF PARCEL OWNER) (TITLE)
authorize
(NAME OF AGENT) (AGENT'S BUSINESS NAME)
to act on my behalf to request Vacancy Credit for the following parcel(s):
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
N umber
N umber:
N umber:
N umber:
N umber:
N umber:
N umber:
N umber:
Tax Year:
This Agent Authorization shall remain in effect for a period of 12 -months from the date
listed below.
(signature of parcel owner) (date)
STATE OF
COUNTY OF . The foregoing instrument was acknowledged before me this day of
before me, by
(month) (year) (parcel owner)
Personally Known ' or Produced Identification _
Type of identification Produced:
(Notary signature)
(Print Name of Notary)
NOTARY PUBLIC, State of
My Commission expires:
•
2 of3
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